Metaflumizone; Pesticide Tolerances; Technical Correction, 53557-53558 [2021-20357]

Download as PDF 53557 Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Will not have disproportionate human health or environmental effects under Executive Order 12898 (59 FR 7629, February 16, 1994). This final redesignation does not apply to any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 29, 2021. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: September 20, 2021. John Blevins, Acting Regional Administrator, Region 4. For the reasons stated in the preamble, EPA amends 40 CFR part 81 as follows: PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 1. The authority citation for part 81 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. 2. In § 81.334, the table titled ‘‘North Carolina–2010 Sulfur Dioxide NAAQS [Primary]’’ is amended by: ■ a. Revising the ‘‘Designated area’’ and ‘‘Date’’ column headings; ■ b. Removing the entries for ‘‘Brunswick County, NC’’, ‘‘Brunswick County’’, ‘‘Lockwood Folly Township, Northwest Township, Shallotte Township, Smithville Township, Town Creek Township, Waccamaw Township’’, and ‘‘Rest of State:’’; ■ c. Adding an entry for ‘‘Brunswick County’’ before ‘‘Buncombe County’’; ■ d. Adding an entry for ‘‘Lockwood Folly Township, Northwest Township, Shallotte Township, Smithville Township, Town Creek Township, Waccamaw Township’’ under ‘‘Brunswick County’’; and ■ e. Removing footnote 2 and redesignating footnotes 1 and 3 as footnotes 2 and 1, respectively. The revisions and additions read as follows: ■ § 81.334 * North Carolina. * * * * NORTH CAROLINA—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area1 Date 2 Type * * * * * * Brunswick County ....................................................................................................................... October 28, 2021 ... Lockwood Folly Township, Northwest Township, Shallotte Township, Smithville Township, Town Creek Township, Waccamaw Township. * * * * * * * Attainment/Unclassifiable. * 1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2 This date is April 9, 2018, unless otherwise noted. * * * * * [FR Doc. 2021–20639 Filed 9–27–21; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY BILLING CODE 6560–50–P 40 CFR Part 180 [EPA–HQ–OPP–2019–0385; FRL–8400–02– OCSPP] Metaflumizone; Pesticide Tolerances; Technical Correction Environmental Protection Agency (EPA). ACTION: Correcting amendment. AGENCY: VerDate Sep<11>2014 15:51 Sep 27, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 EPA issued a final rule in the Federal Register of April 19, 2021, establishing tolerances for residues of the insecticide metaflumizone in or on multiple commodities requested by BASF Corporation under the Federal Food, Drug, and Cosmetic Act (FFDCA). That document inadvertently requested removal of tolerances for the crop group fruit, stone, group 12–12. This document corrects the final regulation. SUMMARY: This correction is effective September 28, 2021. DATES: E:\FR\FM\28SER1.SGM 28SER1 53558 Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2019–0385, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Does this action apply to me? The Agency included in the April 19, 2021 final rule a list of those who may be potentially affected by this action. II. What does this technical correction do? EPA issued a final rule in the Federal Register of April 19, 2021 (86 FR 20290) (FRL–10018–60) that established tolerances for residues of the insecticide metaflumizone in or on multiple commodities. While establishing tolerances in response to a petition requesting these tolerances, EPA included erroneous language in its instructions to the Federal Register, by directing the removal of the existing tolerance established in § 180.657 for ‘‘Fruit, stone, group 12–12’’. Instead of instructing the Federal Register to Remove the entries for ‘‘Fruit, citrus, group 10–10’’; ‘‘Fruit, pome, group 11– 10’’; and ‘‘Fruit, stone, group 12–12’’ the instructions should have only directed the removal of entries for ‘‘Fruit, citrus, group 10–10’’ and ‘‘Fruit, pome, group 11–10’’. EPA’s instructions to remove the tolerances for ‘‘Fruit, stone, group 12–12’’ were not consistent with its authority under FFDCA section VerDate Sep<11>2014 15:51 Sep 27, 2021 Jkt 253001 408(d)(4)(A). Therefore, EPA is rescinding its instruction to remove ‘‘Fruit, stone, group 12–12’’ and reinstating the tolerance level at 0.04 parts per million. III. Why is this correction issued as a final rule? Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a final rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making this technical correction final without prior proposal and opportunity for comment, because EPA inadvertently deleted the existing tolerance established for ‘‘Fruit, stone, group 12–12’’. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B). IV. Do any of the statutory and executive order reviews apply to this action? No. For a detailed discussion concerning the statutory and Executive order review, refer to Unit VI. of the April 19, 2021 final rule. V. Congressional review act List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: September 14, 2021. Marietta Echeverria, Acting Director, Registration Division, Office of Pesticide Programs. Therefore, for the reasons stated in the preamble, EPA is correcting 40 CFR part 180 as follows: PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. Frm 00024 Fmt 4700 Sfmt 4700 § 180.657 Metaflumizone; tolerances for residues. (a) * * * (1) * * * TABLE 1 TO PARAGRAPH (a)(1) Parts per million Commodity * * * Fruit, stone, group 12–12 ..... * * * * * * * * * 0.04 * * * [FR Doc. 2021–20357 Filed 9–27–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA–R09–RCRA–2021–0431; FRL–8828– 02–R9] Arizona: Final Authorization of State Hazardous Waste Management Program Revisions Environmental Protection Agency (EPA). ACTION: Final action/decision/ authorization. AGENCY: Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). PO 00000 2. In § 180.657, amend the table in paragraph (a)(1) by adding in alphabetical order the entry ‘‘Fruit, stone, group 12–12’’ to read as follows: ■ The Environmental Protection Agency (EPA) is taking direct final action on the authorization of Arizona’s changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). These changes were outlined in an application to the EPA and correspond to certain Federal rules promulgated between July 1, 2007, and June 30, 2020. We have determined that these changes satisfy all requirements needed for final authorization. DATES: This authorization is effective on November 29, 2021 without further notice, unless the EPA receives adverse comment by October 28, 2021. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the authorization will not take effect. ADDRESSES: All documents in the docket are listed in the www.regulations.gov index. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy. You may also view SUMMARY: E:\FR\FM\28SER1.SGM 28SER1

Agencies

[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53557-53558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20357]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0385; FRL-8400-02-OCSPP]


Metaflumizone; Pesticide Tolerances; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: EPA issued a final rule in the Federal Register of April 19, 
2021, establishing tolerances for residues of the insecticide 
metaflumizone in or on multiple commodities requested by BASF 
Corporation under the Federal Food, Drug, and Cosmetic Act (FFDCA). 
That document inadvertently requested removal of tolerances for the 
crop group fruit, stone, group 12-12. This document corrects the final 
regulation.

DATES: This correction is effective September 28, 2021.

[[Page 53558]]


ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2019-0385, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director, 
Registration Division (7505P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (703) 305-7090; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    The Agency included in the April 19, 2021 final rule a list of 
those who may be potentially affected by this action.

II. What does this technical correction do?

    EPA issued a final rule in the Federal Register of April 19, 2021 
(86 FR 20290) (FRL-10018-60) that established tolerances for residues 
of the insecticide metaflumizone in or on multiple commodities. While 
establishing tolerances in response to a petition requesting these 
tolerances, EPA included erroneous language in its instructions to the 
Federal Register, by directing the removal of the existing tolerance 
established in Sec.  180.657 for ``Fruit, stone, group 12-12''. Instead 
of instructing the Federal Register to Remove the entries for ``Fruit, 
citrus, group 10-10''; ``Fruit, pome, group 11-10''; and ``Fruit, 
stone, group 12-12'' the instructions should have only directed the 
removal of entries for ``Fruit, citrus, group 10-10'' and ``Fruit, 
pome, group 11-10''. EPA's instructions to remove the tolerances for 
``Fruit, stone, group 12-12'' were not consistent with its authority 
under FFDCA section 408(d)(4)(A). Therefore, EPA is rescinding its 
instruction to remove ``Fruit, stone, group 12-12'' and reinstating the 
tolerance level at 0.04 parts per million.

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(3)(B)) provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical 
correction final without prior proposal and opportunity for comment, 
because EPA inadvertently deleted the existing tolerance established 
for ``Fruit, stone, group 12-12''. EPA finds that this constitutes good 
cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order reviews apply to this 
action?

    No. For a detailed discussion concerning the statutory and 
Executive order review, refer to Unit VI. of the April 19, 2021 final 
rule.

V. Congressional review act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: September 14, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is 
correcting 40 CFR part 180 as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES 
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.


0
2. In Sec.  180.657, amend the table in paragraph (a)(1) by adding in 
alphabetical order the entry ``Fruit, stone, group 12-12'' to read as 
follows:


Sec.  180.657  Metaflumizone; tolerances for residues.

    (a) * * *
    (1) * * *

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Fruit, stone, group 12-12...............................            0.04
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2021-20357 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P
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